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YEAGER v. STATE

No. 5D01-3623.

809 So.2d 913 (2002)

John Anthony YEAGER, Petitioner, v. STATE of Florida, Respondent.

District Court of Appeal of Florida, Fifth District.

March 15, 2002.

Attorney(s) appearing for the Case

John Anthony Yeager, Clermont, pro se.

Robert A. Butterworth, Attorney General, Tallahassee, and Kellie A. Nielan, Assistant Attorney General, Daytona Beach, for Respondent.

PER CURIAM.

In light of the commissioner's report of findings and recommendation, we grant the petition for writ of habeas corpus for belated appeal. As the commissioner explained in his report:

[Yeager's] request for a belated appeal is warranted as a result of the factual finding that Yeager and his trial attorney conducted a conversation on the subject of the filing of a notice of appeal and the conversation reasonably led to a misunderstanding. Yeager...

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